Do you spend an unheathy amount of time in your garage? Have you come up with a new .45 that shoots 2-inch groups at 400 yards? OK, bad example. Maybe you invented a new 9mm that weighs 2 oz, holds 15 rounds, fits in your palm and is only 1/2″ thick. Never mind the implications of violating the laws of physics, you need to make sure no one steals your million dollar design. The Firearm Blog posts part one of an informative intro to the patent process written by “Your Patent Friend,” a practicing IP attorney. And yes, it has 11 footnotes and legal disclaimers at the end (sigh). You know what they call 100,000 lawyers at the bottom of the ocean, don’t you? A good start.
A patent is basically worthless in the firearms industry, even if you have a 400-yard, 2″ grouping, never-wear-out, tank-proof design… why? well, in the modern world you’d need to essentially patent your idea in every country with the internet. If you don’t, you’re essentially letting someone else in another country patent/build/steal/whatever off of your original plan. Only big companies get patents because they’re the only ones with large legal staff’s and the financial resources to take on the often lengthy litigation processes.
Patrick, as a patent attorney who has represented more firearms clients than anyother attorney or law firm (you can see the who’s who list on my website) I’d like to tell you what I wrote in my book, The Bulletproof Firearms Business: A US patent is effective at protecting the US market. This means that knock-offs made overseas can either be stopped in customs, or we can go after the retailer and force them to drop the product. It’s really a breeze to send Cabela’s a letter with a copy of the patent, and they’ll pull the infringing items from their shelves in a flash. For many firearms inventions, the US is not just the biggest market, but the only market.
The reality is that small and large companies get patents, but only for the inventions that justify the investment. Fortunately, most patents are respected, and most disputes are resolved without litigation.
I’d be happy to send you a free copy of my book, which you can request at my website.